Building Code Board of Appeals Agenda and Packet 2009 06 18

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ARTICLE 5 APPEALS Section 1. Jurisdiction. The Board's jurisdiction shall apply to all building codes, and amendments thereto, as adopted by reference in Title 15 of the Louisville Municipal Code. Section 2. Appeals. (a) Appeals to the Board may be made by an person, officer, department, board, firm or corporation aggrieved by a final decision of the Building Official regarding the following matters: 1) The suitability of alternate methods or materials of construction which the appellant alleges to be the equivalent of that prescribed in the applicable codes in terms of suitability, strength, effectiveness, fire resistiveness, durability, safety, or sanitation; 2) The technical application an interpretation of the building codes adopted by reference within Title 15 of the Louisville Municipal Code, including alleged errors in the interpretation of a code, allegations that certain provisions of a code are being imposed which do no apply to the project, and allegations that a wrongful requirement in a building matter that is not specifically addressed the code is being imposed. (b) The Board shall not have the authority to interpret any administrative provisions of a code, or to waive requirements of any such code, nor shall the Board have the authority to recommend decreasing public safety or fire-resistive standards set for the in any code. Section 3. Applications for Appeal. (a) Appeals to the Board shall be filed with the Secretary of the Board within thirty (30) days after the date of the final order, decision or determination causing the appeal. Applications for an appeal hearing shall be made on forms designated by the Board, if any, and shall include citation to the code and section under which the appeal is being initiated, a concise statement for the decision being appealed, the reasons for the appeal, the relief sought and copies of all non-testimonial evidence which the applicant intends to rely on at the hearing. (b) Upon the receipt of a complete application for appeal, a hearing shall be scheduled within thirty (30) days after the filing of the complete application, unless the applicant consents to a later date. Notice of the date and time of the scheduled hearing shall be given to the applicant. The applicant may request a postponement of a hearing for the purpose of gathering additional information or evidence to support the applicant's case provided the request is made in writing to the Secretary of the Board no later than fifteen (15) days prior to the date of the originally scheduled hearing. An applicant may withdraw an application at any time before the hearing on the application is closed for board deliberation. (c) At least 5 days prior to a hearing, the Secretary shall provide each Board member for review a copy of the application and any written or graphic materials received from the applicant together with a written explanation or staff report from the Building Official so that the Board members may familiarize themselves with the appeal prior to the hearing.